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HomeMy WebLinkAbout1985-36INDIAN RIVER COUNTY ORDINANCE NO. 85-36 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 4, CREATING ARTICLE XI; REQUIRING CERTIFICATE OF COMPETENCY FOR CONTRACTORS AND SUBCONTRACTORS; CREATING STANDARDS FOR ELECTRICIANS; CREATING STANDARDS FOR PLUMBERS; REQUIRING INSURANCE; PROVIDING FOR RIGHTS OF CERTIFIED CONTRACTORS AND SUBCONTRACTORS; PROVIDING FOR SUSPENSION OR REVOCATION OF CERTIFICATES; HEARING AND APPEALS; INCORPORATION IN CODE; SEVERABILITY; PENALTIES; AND EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Indian River County Code of Laws and Ordinances Chapter 4, Article XI is hereby created to read as follows: SECTION 1 CERTIFICATE OF COMPETENCY REQUIRED FOR CONTRACTORS AND SUBCONTRACTORS A. No person shall engage in the business of construction, electrical, or plumbing contracting or subcontracting without a valid certificate of competency issued by the Indian River County Building Department. B. A Certificate of Competency may be issued only to the holder of an appropriate valid Florida State Certificate or to a person who has passed the appropriate Block and Associates of Gainesville, Florida, examination which was proctored by Block and Associates on behalf of any city or county situated in the State of Florida, upon payment of the appropriate fee. Any person holding a valid and current County Occupational License prior to the effective date of this ordinance shall be entitled to a Certificate of Competency in their licensed occupational field. C. The categories of contractors regulated are those contractors regulated by and defined in Chapter 489 of the Florida Statutes and the following categories as tested by Block and Associates as follows: 1. Aluminum 2. Aluminum Specialty 3. Burglar Systems 4. Chattahoochee Stone 5. Concrete Placing and Finishing 6. Decorative Metals/Aluminum Railings 7. Demolition and Landclearing 8. Dock/Seawalls 9. Dredging -1- 10. Drywall 11. Elevator Installatiop 12. Fence Installation 13. Glass and Glazing 14. Heavy Equipment (Crane and dragline) 15. Insulation acoustical ceiling 16. Marine Construction 17. Masonry 18. Painting 19. Patio Ciatings 20. Paving 21. Pile Driving 22. Plastering/Stucco 23. Roof Painting/Pressure Cleaning 24. Screen Enclosure 25. Septic Tank 26. Solar Equipment, Sales and Installation 27. Sprinkler Installation (also well and sprinkler) 28. Structural Steel 29. Tile/Marble 30. Underground Utilities 31. Urethane Roofing 32. Well Drilling D. When a contractor, subcontractor, electrician or plumber meets the requirements for issuance of a Certificate of Competency, that certificate will remain in force unless revoked pursuant to Section 5 of this article or applicable Florida Statutes. E. The same exemptions from regulations as set forth in Chapter 489 of the Florida Statutes are also exemptions under the requirements for a Certificate of Competency. F. It shall be unlawful for any person to advertise or hold himself out to the public as a person engaged in the business of construction, electrical, or plumbing contracting or subcontracting as regulated by this Chapter unless that person has a valid Certificate of Competency issued by the Building Department and unless the advertisement or sign on the vehicle advertising the business shall clearly display the correct State certification number or Certificate of Competency number issued by the Building Department. G. A contractor shall hire a subcontractor regulated under paragraph C of this section only if that subcontractor has a valid Certificate of Competency issued by the Building Department. H. Nothing in this Chapter shall prevent any homeowner of an owner -occupied single-family residence from performing any work regulated by this article within the boundaries of his -2- residential property, providing such work is done by himself. Such privilege does not convey the right to violate any of the provisions of this chapter, nor is it to be construed as exempting any property owner from obtaining a permit and paying the required fees therefor. SECTION 2 MASTER JOURNEYMAN - APPRENTICE ELECTRICIAN A. All electrical construction, except homeowners' work permitted under this article, shall be done by a master electrician, a journeyman electrician under the general supervision of a master electrician, or an apprentice electrician under the direct personal supervision of a master electrician or journeyman electrician. B. Master electrician rating shall be established by being a state certified electrical contractor or by passing the Block and Associates of Gainesville, Florida examination for master electrician and registering with the County Building Department. Master electricians holding a Certificate of Competency from the Building Department on the effective date of this ordinance may continue to hold and renew that Certificate of Competency without passing the Block examination or being state certified. C. Journeyman electrician rating shall be established by passing the Block and Associates of Gainesville, Florida examination for Journeyman electrician and registering with the Building Department. D. Apprentice electricians shall register with the Building Department. E. Master, Journeyman, and apprentice electricians shall carry their registration card on their person during working hours. Upon request of the electrical inspector the registration card shall be produced. Failure to carry the card or show it upon request constitutes grounds for revocation or suspension of the person's Building Department registration. SECTION 3 MASTER - JOURNEYMAN - APPRENTICE PLUMBERS A. All plumbing construction, except homeowners work permitted under this article, shall be done by a master plumber, WO a journeyman plumber under the general supervision of a master plumber, or an apprentice plumber under the direct personal supervision of a master plumber or journeyman plumber. B. Master plumber rating shall be established by being a state certified plumbing contractor or by passing the Block and Associates of Gainesville, Florida examination for master plumber and registering with the County Building Department. Master plumber holding a valid license from the Building Department on the effective date of this ordinance may continue to hold and renew that license without passing the Block examination or being state certified. C. Journeyman plumber rating shall be established by passing the Block and Associates of Gainesville, Florida examination for Journeyman plumber and registering with the Building Department. D. Apprentice plumbers shall register with the Building Department. E. Master, Journeyman, and apprentice plumbers shall carry their registration card on their person during working hours. Upon request of the plumbing inspector the registration card shall be produced. Failure to carry the card or to show it upon request constitutes grounds for revocation or suspension of the person's Building Department registration. SECTION 4 INSURANCE REQUIRED A. Every contractor that is regulated by Florida Statutes Chapter 489 and doing business in Indian River County shall be required to maintain at all times with a casualty insurance company authorized to do business in the State of Florida, workmen's compensation insurance and public liability insurance with minimum limits as provided by Florida Statutes and the Florida Administrative Code. B. All other contractors that are regulated by this -4- is 7" chapter shall be required to maintain at all times with a casualty insurance company authorized to do business in the State of Florida, public liability insurance with minimum coverage of $100,000.00 for bodily injury liability; $25,000,00 for property damage liability; and workmen's compensation insurance as required by Florida Statutes and the Florida Administrative Code. C. All contractors shall file with the Building Official, at the time application is made for registration, and with the Tax Collector, at the time that their applicable business license is renewed, a certificate signed by a qualified agent of the casualty insurance company stating that policies have been issued to the registrant for employee's liability insurance or workmen's compensation insurance, public liability insurance and public property damage. D. In the event of the cancellation of a policy, the Building Department shall immediately notify the registrant and the registrant shall be required to immediately furnish a new certificate in full compliance with the terms of this section. Failure to do so shall constitute a violation of this section and such registration shall automatically be revoked. Such registration may be reinstated by the Building Department when the registrant has furnished a certificate of insurance in compliance with this section. SECTION 5 SUSPENSION OR REVOCATION OF REGISTRATION The Building Code Board of Adjustments and Appeals shall have the power, in addition to all their powers otherwise provided for, to revoke or suspend the registration of any contractor approved and licensed hereunder, who shall be guilty of any one or more of the following acts or omissions; A. Fraud or deceit in obtaining registration; B. Negligence, incompetence, or misconduct in the practice of contracting within the meaning of this Chapter; C. Abandonment of any contract without legal excuse; D. Diversion of property or funds received under the express agreement for prosecution or completion of a specific contract under this Chapter, or for a special purpose in the prosecution or completion of any contract or application or use of any other contract, obligation or purpose with intent to defraud or -C- deceive creditors or the owner; E. Fraudulent departure from or disregard of plans or specifications in any material respect without the consent of the owner or his duly authorized representative; or the doing of any wilfull, fraudulent act by the licensee in consequence of which another is substantially injured or damaged; F. Wilfull and deliberate disregard in violation of the Code of Laws and Ordinances of Indian River County, including but not limited to the building, electrical, plumbing and zoning ordinances of the County; or G. Wilfully and deliberately engaging in a type or class of contracting for which the contractor is not licensed or registered. SECTION 6 SUSPENSION OR REVOCATION OF REGISTRATION - HEARING; APPEAL Any person may bring charges against a registered contractor. Such charges shall be made in writing and sworn to by the complainant and shall be submitted to the Building Official. The Building Official shall mail a copy of such charges to the accused within fifteen days from the receipt thereof and shall serve notice upon the accused and upon all interested persons of the date fixed for hearing on such charges before the Building Code Board of Adjustments and Appeals. The accused shall have the right to appear personally or with counsel and to produce witnesses and evidence in defense. If after hearing the evidence the appropriate board determines that the accused is guilty of the charges brought against the accused, the appropriate board may suspend or cancel the contractor's registration. SECTION 7 The following sections of the Indian River County Code of Laws and Ordinances are hereby repealed in their entirety: Chapter 4, Section 46, originally codified as Ordinance No. 77-10, Section 14(6) and Chapter 4, Section 92, Subsection 109.2, originally codified as Ordinance No. 74-14, Section 9. C:fl SECTION 8 INCORPORATION IN CODE This ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section," "article," or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION 9 SEVERABILITY If any Section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 10 PENALTIES In addition to the penalties herein provided, a person who shall violate or fail to comply with any of the provisions of this ordinance shall be subject to punishment by fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days, or by both such fine and imprisonment. SECTION 11 EFFECTIVE DATE This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 10th day of Anril 1985. BOARD CO NTY COMMISSIONERS OF INDI RI R COUNTY, FLORIDA B PA ICK B. LYONS / Chairman Un Attest: 1�916c, FREDA WRIGHT Clerk -7- Acknowledgment by the Department of State of the State of Florida, this 18th day of April, 1985. Effective date: Acknowledgment from the Department of State received on this 22nd day of April , 1985, at 11 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. JP W